CHANDAMARAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant was charged by the trial court for the offences punishable under Section 504 and 302 IPC on the allegations that, on 28.02.2008 at about 4.00 p.m. on a road, in front of the house of the deceased Velayudhan, the accused in connection with the payment of some money towards tea consumed by him in the shop of Velayudhan, started abusing the Velayudhan in filthy language and strongly provoked himself and kicked said Velayudhan with his right knee on the private part. Due to the impact of the said blow the deceased Velayudhan succumbed to the blow. On these allegations the police have submitted a charge sheet before the trial court and infact the prosecution in order to bring home the guilt of the accused examined 10 witnesses and got marked 10 documents Ex.P.1 to P.10 and no material objects are exhibited before the court.

(2.) The trial court after consideration of the oral and documentary evidence on record has convicted the accused /appellant for the above said offences and sentenced him to under go imprisonment for life and also to pay a fine of Rs.5,000/- and to under go simple imprisonment for two months in default for the offence under Section 302 of IPC. He was also convicted and sentenced for the offence under Section 504 imposing a fine of Rs.1,000/- and in default to undergo simple imprisonment for 15 days. The said judgment of conviction and sentence is called in question in this appeal. The prosecution has examined 10 witnesses, out of which 2 witnesses PW-7 and 8, Harish and Prema, respectively are the eye witnesses to the incident and other witnesses are circumstantial witnesses.

(3.) Pw-1 is the brother-in-law of the deceased. He receives the information hearsay from PW- 7 and 8, Harish and Prema that the accused kicked on the private part of the deceased. Thereafter he went to the police station and lodged a complaint as per Ex.P.1. What has been written in the said Ex.P.1 is only with regard to the existence of a dispute between the deceased and the accused with reference to some amount due by the accused for having consumed tea in the shop of deceased Velayudhan. It is stated by PW-1 that as the deceased had received a blow on his private part he was admitted to the hospital and he was brought back from the hospital to house and on the next day he died in the house. It is stated by him that the scrotum of the deceased was swollen.